pointlesswait
07-18 04:55 PM
you could have applied for h1 extension with the old employer and got 3 years extension...
since you changed your job..and you have less than 1 year of time left for yoru 6 years of h1 to expire..i am sorry mate ..looks like you cannot get h1 extension..(as ur new labor PD) shoudl be atleast 1 year old...get my drift..
> you shoudl have got ur h1 extended and changed your job
> or u shoudl have started ur GC process atleast 1 year before the 6 year expires..
gurus..shed some light!
since you changed your job..and you have less than 1 year of time left for yoru 6 years of h1 to expire..i am sorry mate ..looks like you cannot get h1 extension..(as ur new labor PD) shoudl be atleast 1 year old...get my drift..
> you shoudl have got ur h1 extended and changed your job
> or u shoudl have started ur GC process atleast 1 year before the 6 year expires..
gurus..shed some light!
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reddog
03-09 11:22 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
Right now she is on H1 as well as AOS.
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
Adam
08-20 01:03 PM
That is awesome and hilarious. Instantly my fav smily (bumping :trout: )
looks like we have a winner!! Temp, I say you take a shot at the Ya' RLY one as well - you might surprise yourself!
looks like we have a winner!! Temp, I say you take a shot at the Ya' RLY one as well - you might surprise yourself!
2011 the ook of shadows!
nousername
02-25 04:35 PM
You are wrong, H1 by it's definition is a dual intent visa. On the other hand F1 is where it is assumed that you will go back after completing your education.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
more...
samrat_bhargava_vihari
02-12 09:43 AM
http://immigrationportal.com/showthread.php?p=1607056#post1607056
jumanji4u
05-01 12:01 AM
I am on the same boat
Here's my scenario
I Was on H1B that Sponspored my GC with Comapny A, got my I140 Approved, passed more than 180 days after 485 and even got my EAD. Currently moved to a different company B that transfered H1B.I have my EAD that is not been used till now. Can I use my EAD to work on a part-time job. If I use are there any issues with H1B with my current employer or any issues while travellling. As I no longer work with the company that sponspored GC would working on a part-time EAD with another company create any problem with the GC process.
Thanks,;)
Jumanji
Here's my scenario
I Was on H1B that Sponspored my GC with Comapny A, got my I140 Approved, passed more than 180 days after 485 and even got my EAD. Currently moved to a different company B that transfered H1B.I have my EAD that is not been used till now. Can I use my EAD to work on a part-time job. If I use are there any issues with H1B with my current employer or any issues while travellling. As I no longer work with the company that sponspored GC would working on a part-time EAD with another company create any problem with the GC process.
Thanks,;)
Jumanji
more...
eb3_nepa
12-18 12:37 PM
In the long run EB2 will be better than EB3
Or WILL it? :rolleyes:
Or WILL it? :rolleyes:
2010 The Spells of The Book Of
suny_saini
08-04 06:36 AM
i am confused at the reason they gave to reject my visa.
according to our calculations in above posts i had hope that i will be eligible to go but today i got my passport and other submitted documents back with reply
In your case , the I-140 was filed on sept 10, 2001 and approved on october 08, 2003. The visa became available on october 08, 2003 . Form I-824 was not filed within one year of visa became available. <my name> was born on January 03, 1986. because he (me) is above 21 years old an immigrant visa as a derivative beneficiary of Employment third prefrence (e3) immigrant visa category cannot be inssued to <my name>. In order to qualify for a visa, he (me) would need to benifit from CSPA. Since form I-824 was not filed within one year of visa becoming available on October 08, 2003.
<my name> cannot be processed under CSPA
plz help me with right advice and solution so that i can travel with my family.
my mom and bro got te visa and it will expire in 6 monts and i want to go with them, can i be able to get visa in any case before their visa expire?
i badly need help.
according to our calculations in above posts i had hope that i will be eligible to go but today i got my passport and other submitted documents back with reply
In your case , the I-140 was filed on sept 10, 2001 and approved on october 08, 2003. The visa became available on october 08, 2003 . Form I-824 was not filed within one year of visa became available. <my name> was born on January 03, 1986. because he (me) is above 21 years old an immigrant visa as a derivative beneficiary of Employment third prefrence (e3) immigrant visa category cannot be inssued to <my name>. In order to qualify for a visa, he (me) would need to benifit from CSPA. Since form I-824 was not filed within one year of visa becoming available on October 08, 2003.
<my name> cannot be processed under CSPA
plz help me with right advice and solution so that i can travel with my family.
my mom and bro got te visa and it will expire in 6 monts and i want to go with them, can i be able to get visa in any case before their visa expire?
i badly need help.
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meet
08-17 11:14 PM
I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.
So my queries are :
- will I get H1 again under COS?
- If yes, how much time will it take to get H1 again?
- Does this process will be like a new H1?
- how much will it cost to my employer with attorney fees?
Thank you.
Meet
So my queries are :
- will I get H1 again under COS?
- If yes, how much time will it take to get H1 again?
- Does this process will be like a new H1?
- how much will it cost to my employer with attorney fees?
Thank you.
Meet
hair charmed ook of shadows
sathyaraj
10-26 11:29 AM
USCIS is not updating the online status. Mine got approved and I received it in mail. But still the online status remains as pending.
more...
hk196712
07-16 12:31 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Thanks
hot Featured on:Book of Shadows/
gc_bucs
03-25 01:10 PM
Well this is a organization that is run by volunteers and given what they are already doing I personally don't expect them to notify everytime a web fax is put up. I just make it a point to check the website regularly and do whatever I can to chip in...thats my 2 cents...
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
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saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
tattoo Book of Shadows :: Spell Book
bank_king2003
03-12 12:35 PM
We see lots of anger and frustration in this GC journey specially when a VB comes out.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
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pictures Book of Shadows
uma001
11-04 10:51 PM
Since nobody attempted to answer your question, let me give a try.
The answer depends on what is the EB3-PD ? If someone (like me) had a PD of 2001 , then it would have become current more than a couple of times. Just in the last two years my PD became current thrice (including July Fiasco), and am still waiting for my approval.
But if you are asking how many times did EVERYONE became current, then possibly only once (The July '07 fiasco). I can tell this for sure since 2000. I am not aware of any info before that year.
I heard that once every 5 years every category becomes current. I think in 2000 or 2001, Every category became current, I am not sure.
The answer depends on what is the EB3-PD ? If someone (like me) had a PD of 2001 , then it would have become current more than a couple of times. Just in the last two years my PD became current thrice (including July Fiasco), and am still waiting for my approval.
But if you are asking how many times did EVERYONE became current, then possibly only once (The July '07 fiasco). I can tell this for sure since 2000. I am not aware of any info before that year.
I heard that once every 5 years every category becomes current. I think in 2000 or 2001, Every category became current, I am not sure.
dresses Child Protection Spell
sandy_anand
10-30 03:47 PM
Trust me.. Unless CIR passes or fails nothing is going to change. These introductions are base less. Its like just a thought. Even all of 500k professionals who might be stuck at various stages of GC process unite and call to pass it . It will not pass. Period.
Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.
We may achieve some admin fixes if current administration really wants to help us.
I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.
Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.
Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.
We may achieve some admin fixes if current administration really wants to help us.
I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.
Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.
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JEESEE
05-11 12:06 PM
My Wife wanted to join a school for some course. We decided to apply for FAFSA to pay for School fees. I am not sure whether she is eligible to apply for FAFSA or not.
Can some Guru shed some lights on this?
By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.
Can some Guru shed some lights on this?
By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.
girlfriend CHARMED BOOK OF SHADOWS
akkakarla
09-01 04:45 PM
Then, I am unlucky then...Can you check your message please...i got interviewed in 10/2005 in Boston and once again in July 2008. They mentioned it is pending visa number available..
hairstyles spells from ook of shadows. Book of Shadows 2nd Picture
snathan
11-27 01:16 PM
My situation:
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
byeusa
07-11 01:02 AM
As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign. Fraudstrers...!
http://in.news.yahoo.com/070710/48/6hwnn.html
http://in.news.yahoo.com/070710/48/6hwnn.html
chanduy9
11-28 10:49 AM
We had one LUD on 1-485 after FP, then on I-140 there are three LUDs, I dont know why. LUD Dates are 11/4, 11/21 and 11/23, there is no LUD on I-485 and my I-140 approved last year. Why they are touching already approved case this many times.
Thanks,
Chandra.
Thanks,
Chandra.
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